Wednesday, November 24, 2021

POST MODERN STALINISM
It’s not just Peng. China is cracking down on MeToo movement

By HUIZHONG WU

Chinese tennis player Peng Shuai reacts during her women's singles match at the China Open tennis tournament in Beijing on Oct. 5, 2016. When Peng disappeared from public view this month after accusing a senior Chinese politician of sexual assault, it caused an international uproar. But back in China, Peng is just one of several people, activists and accusers alike, who have been hustled out of view, charged with crimes or trolled and silenced online for speaking out about the harassment, violence and discrimination women face every day. (AP Photo/Andy Wong)


TAIPEI, Taiwan (AP) — Huang Xueqin, who publicly supported a woman when she accused a professor of sexual assault, was arrested in September. Wang Jianbing, who helped women report sexual harassment, was detained along with her. Neither has been heard from since. Meanwhile, several other women’s rights activists have faced smear campaigns on social media and some have seen their accounts shuttered.

When tennis star Peng Shuai disappeared from public view this month after accusing a senior Chinese politician of sexual assault, it caused an international uproar. But back in China, Peng is just one of several people — activists and accusers alike — who have been hustled out of view, charged with crimes or trolled and silenced online for speaking out about the harassment, violence and discrimination women face every day.

When Huang helped spark a grassroots #MeToo movement in China in 2018, it gained fairly wide visibility and achieved some measure of success, including getting the civil code to define sexual harassment for the first time. But it was also met with stiff resistance from Chinese authorities, who are quick to counter any social movement they fear could challenge their hold on power. That crackdown has intensified this year, part of wider efforts to limit what’s acceptable in the public discourse.

“They’re publicly excluding us from the legitimacy, from the legitimate public space,” said Lu Pin, an activist who now lives in the U.S. but is still active on women’s rights issues in China. “This society’s middle ground is disappearing.”

In a sign of how threatening the #MeToo movement and activism on women’s rights is to Chinese authorities, many activists have been dismissed as tools of foreign interference — a label used to discredit their concerns as fabrications by China’s enemies meant to destabilize it.

The ongoing crackdown has mostly targeted activists with little fame or clout and who often worked with marginalized groups.

Huang and Wang both had a history of advocating for disadvantaged groups, and have been charged with subversion of state power, according to a friend of both activists who saw a notice sent to Wang’s family. He spoke on condition of anonymity for fear of police retaliation. Police in the southern Chinese city of Guangzhou where the two were arrested did not respond to a faxed request for comment.

The charge is vague and often used against political dissidents. Huang’s and Wang’s families have not heard from them since they were detained and are not able to contact them — another tactic often deployed in political cases.

In this photo released by #FreeXueBing, Huang Xueqin holds up a #METOO sign for a photo in Singapore on Sept. 2017. Huang, who publicly supported a woman when she accused a professor of sexual assault, was arrested in September. In China, Huang is just one of several people, activists and accusers alike, who have been hustled out of view, charged with crimes or trolled and silenced online for speaking out about the harassment, violence and discrimination women face every day. (#FreeXueBing via AP)

The #MeToo movement burst into view in China, when Huang helped a woman named Luo Xixi to publicly accused her professor at Beihang University of trying to force her to have sex with him. The university conducted an investigation and fired the scholar, who it said had violated professional ethics.

Luo’s account inspired dozens of other women to come forward — all online. Thousands of students signed petitions and put pressure on their universities to address sexual violence. Women in other industries spoke up, leading to public discussions about the power imbalances between the sexes in many workplaces, the lack of justice for survivors of sexual violence, and the way gender can determine how one is treated in Chinese society.

While that national conversation was unsettling for authorities from the beginning, efforts to counter activism on women’s issues have increased this year, including by nationalist, pro-government influencers, some of who seem to have the blessing of authorities and have been praised by state media.

In a span of a few weeks in the spring, influencers with millions of followers launched a wave of attacks against women’s rights activists on Weibo, one of China’s leading social media platforms. They accused them of being anti-China and of being backed by foreign forces, without evidence. Such allegations have often been leveled at protest movements, including the pro-democracy one in Hong Kong that Beijing has relentlessly tried to stamp out.

By late April, roughly a dozen activists and nonprofits found their accounts restricted from posting temporarily or permanently suspended. It’s not clear why in all cases, but one activist who had lost her account, Liang Xiaowen, shared a notice from Weibo that said her account had “shared illegal and harmful information.”

FILE - Zhou Xiaoxuan, left, a former intern at China's state broadcaster CCTV, reacts as she arrives to attend a court session at a courthouse in Beijing, Tuesday, Sept. 14, 2021. Zhou, who accused well-known state TV host Zhu Jun of groping her when she was an intern and was once praised for her courage in speaking up, faced a campaign of harassment and can no longer post on her public-facing accounts. (AP Photo/Mark Schiefelbein, File)

Even Zhou Xiaoxuan, who accused well-known state TV host Zhu Jun of groping her when she was an intern and was once praised for her courage in speaking up, faced a campaign of harassment and can no longer post on her public-facing accounts.

On Weibo, users send her private messages such as, “Get out of China, I feel disgusting living with a type of person like you, on the same piece of land.” Another called her a piece of “toilet paper” that “foreigners would use and then throw away.”

The effect is such that any discussion about the harassment, violence or inequalities that women face has been increasingly shielded from the public view.

“Now, the situation on social media is such that you have been completely sealed off, you have no way to speak,” said Zhou.

The attacks have not been limited to the digital space. In September, when Zhou went to a court hearing in the civil case where she was suing Zhu for damages and an apology, a group of aggressive bystanders yelled at her and tried to prevent her from speaking to reporters. Police at the scene did not stop them.

Late that night, when Zhou left the courthouse and headed for home, she said she was followed by men in two cars. The men waited outside her residential complex for half an hour before leaving.

The pressure campaign also forced a low-profile group called Hot Pepper Tribe, which worked with female migrant workers, to shut down in August. The group had tried to raise awareness of the hardships faced by women who work in factories, construction and other manual labor fields. It had come under pressure from authorities, though it’s not clear why it was singled out.

Still, activists are hopeful that the #MeToo movement has opened a door that cannot be shut.

“This is not so simple that you find a few feminist bloggers and you shut down their accounts,” said Zhou. “Becoming a feminist comes from discovering what kind of problems you face. And once you become a feminist, then it’s very hard to give it up. And #MeToo’s very important meaning is that it has inspired a broad feminist community.”

___

Associated Press news assistant Caroline Chen in Beijing contributed to this report.

In this photo released by #FreeXueBing, Wang Jianbing is seen in a photo taken in Lushan in southeastern China's Jiangxi province, in June 2017. Wang who helped women report sexual harassment, has been detained since September. In China, He is just one of several people, activists and accusers alike, who have been hustled out of view, charged with crimes or trolled and silenced online for speaking out about the harassment, violence and discrimination women face every day. (#FreeXueBing via AP)





 


FILM

How Scarlett Johansson reclaimed power in a male-dominated world of superheroes

     

Quite recently, Kylie Cheung wrote a scathing and politically charged piece regarding the blatantly misogynistic perception of female superheroes and the inability of the male gaze to accept a character that fails to “sexually gratify them”. While her comments were made in reference to the recent backlash that the live-action of Faye Valentine – portrayed by Daniella Pineda – in Netflix’s Cowboy Bebop received, it is valid for every femme-fatale in the history of cinema. Scarlett Johansson’s Natasha Romanoff from the Marvel Cinematic Universe, too, is no different and has been a blatant victim of hypersexualisation until the actress boldly reclaimed her agency in a landscape of superhero films that is largely patriarchal and male-dominated in nature. 

Romanoff, an intelligent Russian spy, had been a part of the MCU for seven films until she finally landed a movie of her own. She made her debut in the 2010 Iron Man 2 film, where she kicks Tony Stark’s second-in-command, Happy Hogan’s ass, in the boxing ring. However, it is no longer Romanoff’s ability to put up a great fight that is her defining characteristic. Stark Googles photos of her in her underwear and decides to hire her. Romanoff’s skills are reduced to her beauty and sex appeal- almost foreshadowing the kind of female representation Hollywood championed before the #MeToo movement, as discussed by the executive vice president of Marvel Studios, Victoria Alonso.  

Romanoff is the only character who did not have superhero powers like the rest of the men on the squad. But boy, did she fight well. A level-headed tactician with slick abilities, Black Widow is perhaps one of the most refreshing Avengers out there. After being sidelined and shunned on various grounds, when she finally received her origin story, it was genuinely cathartic to see her tackle sexism, blatant sexualisation and objectification and misogyny in one go. Needless to say, Johansson had an immense contribution in developing this character. From appearing as a simple “scintillating” vision in latex to finally gain momentum due to her tremendous courage and strength, Johansson’s Black Widow has become an unapologetic feminist symbol that has viewed the evolution of a female superhero via the female gaze. 

Directed by Cate Shortland, the 2021 Black Widow flick has, according to Scarlett Johannson, been a “challenge” to direct “in a male-dominated industry” due to the idea of recounting “a woman’s story from the perspective of a female director and focus on the heart of something that is inherently female”. It is important to note that most of the main characters in the MCU have had stand-alone films before making an appearance in the ensemble franchises – Black Widow is the last to join them. Even her death in Infinity War seemed quiet and subdued, not receiving the kind of reaction she deserved.

While her contribution has never been any lesser than Iron Man’s, it appears as though the man with a smart suit defeated the woman whose life has never been the bed of roses. A victim of hypersexualisation and human trafficking, Romanoff has emerged from being just the simple seductress to one of the most important characters on the team. While the initial films saw her being a “sidekick” to her male counterparts, often allowing Thor or Hawkeye or the Hulk to take the lead, she gradually gained more ground as Johansson got more involved in the process of writing and developing the character. 

Although the comics have portrayed her as a female character who appeals to the inherent male gaze, it is crucial to understand how Johansson subverts it by capitalising on her burgeoning sexuality and weaving it into the power dynamics. It is the film that delves into her childhood and does not miss out on the harrowing events that shape her into the character that she is, ripping apart the notions of the star spy being an object of visual pleasure. Johansson, too, firmly believes that the male-dominated industry has created a particular narrative for women that can surely be changed and challenged with the advent of more female directors foraying into the path. 

Before Captain Marvel and Wonder Woman took over the world by storm, it was Scarlett Johansson as Black Widow who solely shouldered the responsibility of carrying forward the narrative of empowered, feminist female superheroes who are ready to smash the patriarchal narrative. Johansson has successfully carved out the path for future actresses and directors to follow; she has fleshed out a character that is no longer the seductive, one-dimensional female ‘eye-candy’ but a layered and complicated one, one can take cues from. 

END THE DEATH PENALTY
Missouri Judge exonerates Kevin Strickland after 43 years in prison

By Rich Klein



Nov. 23 (UPI) -- A Missouri Judge ordered Kevin Strickland to be released from prison Tuesday after serving 43 years behind bars in the state's longest known wrongful imprisonment.

Missouri Court of Appeals Judge James Welsh set aside Strickland's 1979 conviction of a triple murder and ordered his immediate release Tuesday, two weeks after an evidentiary hearing during which prosecutors argued Strickland's innocence was "clear and convincing."

Strickland's case is the longest wrongful imprisonment in Missouri history and one of the longest wrongful convictions in the nation.

The release of Strickland, 62, came after an eyewitness to the April 25, 1978, incident -- in which three people were shot to death -- recanted her statements, saying that she misidentified Strickland.

Jackson County Prosecutor Jean Peters Baker relied on a new state law intended to free people who have been imprisoned for crimes they didn't commit to advocate for an evidentiary hearing, NPR reported.

In ordering Strickland's release, Welsh said: "No physical evidence implicated Strickland in the triple homicide. Instead, Strickland was convicted solely on the eyewitness testimony of (Cynthia) Douglas, who subsequently recanted her statements identifying him as one of the four perpetrators."

The order also said that, "Under these unique circumstances, the Court's confidence in Strickland's conviction is so undermined that it cannot stand, and the judgment of conviction must be set aside. The State of Missouri shall immediately discharge Kevin Bernard Strickland from its custody."

RELATED Oklahoma Gov. Stitt commutes prisoner's sentence hours before planned execution

Strickland is not expected to receive compensation for the wrongful conviction and imprisonment under Missouri law because payments can only be made to prisoners who prove they are innocent through a specific DNA testing statute, the Kansas City Star reported.



An investigation by the Kansas City Star played a key role in the government's decision to review the case. The newspaper said that Strickland's first trial in 1979 ended in a hung jury of 11 to one, with the only Black juror holding out for acquittal. He was later convicted by an all-White jury of one count of capital murder and two counts of second-degree murder, the newspaper said.

RELATED Longtime inmate and key figure in juvenile sentence reforms finally wins parole

In May, the Midwest Innocence Project filed a petition of habeas corpus asking the Missouri Supreme Court to overturn his conviction.

Earlier this year, Strickland told ABC News that he hoped to travel upon his release from prison.

"I want to go to the ocean," he said. "I've never been on a beach."

WHY I OPPOSE THE DEATH PENALTY
Missouri man exonerated in 3 killings, free after 4 decades

By HEATHER HOLLINGSWORTH and MARGARET STAFFORD


Kevin Strickland, 62, managed a smile while talking to the media after his release from prison, Tuesday, Nov. 23, 2021, in Cameron, Mo. Strickland, who was jailed for more than 40 years for three murders, was released from prison Tuesday after a judge ruled that he was wrongfully convicted in 1979. (Rich Sugg/The Kansas City Star via AP)

A Kansas City man who was jailed for more than 40 years for three murders was released from prison Tuesday after a judge ruled that he was wrongfully convicted in 1979.

Kevin Strickland, 62, has always maintained that he was home watching television and had nothing to do with the killings, which happened when he was 18 years old. He learned of the decision when the news scrolled across the television screen as he was watching a soap opera. He said inmates began screaming.

“I’m not necessarily angry. It’s a lot. I think I’ve created emotions that you all don’t know about just yet,” he told reporters as he left the Western Missouri Correctional Center in Cameron. “Joy, sorrow, fear. I am trying to figure out how to put them together.”

He said he would like to get involved in efforts to “keep this from happening to someone else,” saying the criminal justice system “needs to be torn down and redone.”

Judge James Welsh, a retired Missouri Court of Appeals judge, ruled after a three-day evidentiary hearing requested by a Jackson County prosecutor who said evidence used to convict Strickland had since been recanted or disproven.

Welsh wrote in his judgement that “clear and convincing evidence” was presented that “undermines the Court’s confidence in the judgement of conviction.” He noted that no physical evidence linked Strickland to the crime scene and that a key witness recanted before her death.

“Under these unique circumstances, the Court’s confidence in Strickland’s convictions is so undermined that it cannot stand, and the judgment of conviction must be set aside,” Welsh wrote in ordering Strickland’s immediate release.

Jackson County Prosecutor Jean Peters Baker, who pushed for his freedom, moved quickly to dismiss the criminal charges against him so he could be released.

“To say we’re extremely pleased and grateful is an understatement,” she said in a statement. “This brings justice — finally — to a man who has tragically suffered so so greatly as a result of this wrongful conviction.”




But Missouri Attorney General Eric Schmitt, a Republican running for the U.S. Senate, said Strickland was guilty and had fought to keep him incarcerated.

“In this case, we defended the rule of law and the decision that a jury of Mr. Strickland’s peers made after hearing all of the facts in the case,” Schmitt spokesman Chris Nuelle said in a brief statement. “The Court has spoken, no further action will be taken in this matter.”


Gov. Mike Parson, who declined Strickland’s clemency requests, tweeted simply that: “The Court has made its decision, we respect the decision, and the Department of Corrections will proceed with Mr. Strickland’s release immediately.”

Strickland was convicted in the deaths of Larry Ingram, 21; John Walker, 20; and Sherrie Black, 22, at a home in Kansas City.

The evidentiary hearing focused largely on testimony from Cynthia Douglas, the only person to survive the April 25, 1978, shootings. She initially identified Strickland as one of four men who shot the victims and testified to that during his two trials.

Welsh wrote that she had doubts soon after the conviction but initially was “hesitant to act because she feared she could face perjury charges if she were to publicly recant statements previously made under oath.”

She later said she was pressured by police to choose Strickland and tried for years to alert political and legal experts to help her prove she had identified the wrong man, according to testimony during the hearing from her family, friends and a co-worker. Douglas died in 2015.

During the hearing, attorneys for the Missouri Attorney General’s office argued that Strickland’s advocates had not provided a paper trail that proved Douglas tried to recant her identification of Strickland, saying the theory was based on “hearsay, upon hearsay, upon hearsay,”

The judge also noted that two other men convicted in the killings later insisted Strickland wasn’t involved. They named two other suspects who were never charged.

During his testimony, Strickland denied suggestions that he offered Douglas $300 to “keep her mouth shut,” and said he had never visited the house where the murders occurred before they happened.

Strickland is Black, and his first trial ended in a hung jury when the only Black juror, a woman, held out for acquittal. After his second trial in 1979, he was convicted by an all-white jury of one count of capital murder and two counts of second-degree murder.

In May, Peters Baker announced that a review of the case led her to believe that Strickland was innocent.

In June, the Missouri Supreme Court declined to hear Strickland’s petition.

In August, Peters Baker used a new state law to seek the evidentiary hearing in Jackson County, where Strickland was convicted. The law allows local prosecutors to challenge convictions if they believe the defendant did not commit the crime. It was the first time — and so far the only time — that a prosecutor has used the law to fight a previous conviction.

“Even when the prosecutor is on your side, it took months and months for Mr. Strickland to come home and he still had to come home to a system that will not provide him any compensation for the 43 years he lost,” said Tricia Rojo Bushnell, executive director of the Midwest Innocence Project, who stood by Strickland’s side as he was released.

The state only allows wrongful imprisonment payments to people exonerated through DNA evidence, so Strickland doesn’t qualify.

“That is not justice,” she said. “I think we are hopeful that folks are paying so much attention and really asking the question of ‘What should our system of justice look like?’”

___

Hollingsworth reported from Mission, Kansas, and Stafford from Liberty, Missouri.


Board: Georgia colleges will not change building names linked to White supremacy


UGA's Grady College of Journalism and Mass Communication was one of 75 buildings and colleges recommended to have its name change as its namesake, journalist Henry W. Grady, promoted ideas of White supremacy. Photo courtesy of Ugastudent/Wikimedia Commons

Nov. 23 (UPI) -- The board of regents for the University System of Georgia said it will not change the names of more than 70 of its buildings that bear those of figures who supported White supremacy, slavery and oppression.

The regents made their decision after reviewing the report from the Naming Advisory Group that recommended changing the names of 75 buildings and colleges to ensure "no building included on the system's campuses holds the name of someone who does not reflect the USG published standards."

The group was formed in June of last year to study the appropriateness of the names on campus and college buildings, and made its recommendation from nearly 900 named for individuals, groups of individuals, companies or landmarks.

In a statement Monday, the regents said they are "grateful" for the group's work but they will not be adopting any of its recommendations

"The purpose of history is to instruct. History can teach us important lessons, lessons that if understood and applied make Georgia and its people stronger," the Board of Regents said. "The board, therefore, will not pursue name changes on USG buildings and colleges as recommended."

The regents described the intent of the group as to better understand the names that mark its buildings while recognizing "there would likely be a number of individuals who engaged in behaviors or held beliefs that do not reflect or represent our values today."

"Understanding the history of names fulfills a knowledge mission that has guided USG for the past 90 years," they said.

The decision was met with swift condemnation from groups that sought to have the names changed, including #RenameGrady, which petitioned for journalist Henry Grady's name to be removed from UGA's Grady College of Journalism and Mass Communication over his espousal of White supremacy.

The group said the board's decision is not surprising and demonstrates to them "the board's support for racism and the upholding of White supremacy."

"This failure signals a willful ignorance of the history of people of color and a disregard for the physical, emotional and mental well-being of BIPOC students who have to walk the halls of these institutions every day," it said in a statement, referring to Black, Indigenous and people of color. "#RenameGrady condemns this hostile decision and urges the regents to reconsider."
DEATH TO TYRANTS
Chun Doo-hwan, ex-South Korean dictator, dies at 90



Chun Doo-hwan, the former strongman president of South Korea who oversaw the brutal Gwangju massacre of pro-democracy activists in 1980, died Tuesday at 90 years old. File photo by Yonhap


SEOUL, Nov. 23 (UPI) -- Former South Korean President Chun Doo-hwan, a general who seized power in a 1979 military coup and brutally suppressed a pro-democracy uprising in the city of Gwangju a year later, died Tuesday at his home in Seoul. He was 90 years old.

Chun collapsed in his home on Tuesday morning, South Korean news agency Yonhap reported. He had been battling chronic ailments and was receiving treatment for multiple myeloma, a type of bone cancer, Yonhap said

The military commander rose to power in the wake of the 1979 assassination of President Park Chung-hee, the dictator who had ruled South Korea for 18 years.


In May 1980, Chun sent tanks, helicopters and troops to crush a pro-democracy student uprising in the southern city of Gwangju, an event that remains one of the most infamous and painful in modern Korean history. The massacre at Gwangju officially left some 200 dead, but accounts by witnesses, investigators and victims' families put the toll several times higher.

The strongman stayed in power until 1988, when he stepped down after enormous public pressure led to the country's first democratic elections. Chun's chosen successor, coup co-conspirator Roh Tae-woo, won the December 1987 vote by a plurality after candidates Kim Young-sam and Kim Dae-jung -- both future presidents -- split the opposition ballots.

In 1996, Chun and his ally Roh were convicted on charges of treason and mutiny stemming from the coup and Gwangju massacre. Chun received a commuted death sentence but was pardoned the next year by President Kim Young-sam in an effort to bring the country together.

Chun was born in the rural southeastern county of Hapcheon on Jan. 23, 1931, and rose through the ranks of the South Korean military in the years after the 1950-53 Korean War. He took part in the 1961 coup by Park Chung-hee as an army captain and eventually became a major general in 1977.

Some credit Chun for the continued growth of the Korean economy in the 1980s and Seoul's successful hosting of the Summer Olympics in 1988, but his legacy is more widely considered one of ignominy, corruption and unapologetic brutality.

Chun never expressed remorse for his role in the Gwangju massacre and always denied direct responsibility. He also claimed that North Korean provocateurs were behind the uprising, a conspiracy theory that continues to swirl around some right-wing circles.

South Korea's presidential Blue House expressed regret on Tuesday that Chun died without an apology and said that it had no plans to send flowers or official condolenc

"We regret that [Chun] did not reveal the truth of history and that there was no sincere apology," Park Kyung-mee, spokeswoman for President Moon Jae-in, told reporters.


The Blue House offered prayers for the deceased and words of sympathy to the bereaved family, Park said.

Chun was convicted of libel last year for defaming a priest who had testified to seeing helicopters shooting at civilians during the massacre, calling him a "liar" and "Satan" in a 2017 memoir. He received an eight-month suspended sentence.

In 1996, the ex-president was also convicted on charges of massive bribery while in office and ordered to repay the government some $185 million. He claimed to not have the assets to pay the fine, famously sparking outrage in 2003 by testifying that he only had around $250 in his bank account.

Chun's death comes less than a month after that of his ally and successor Roh Tae-woo, who passed away on Oct. 23 at the age of 88.
REST IN POWER
Malikah Shabazz, daughter of Malcolm X, found dead in her NYC home


Malikah Shabazz and her twin sister were born in 1965 after their father's death. 
File Photo courtesy Library of Congress

Nov. 23 (UPI) -- Malikah Shabazz, the daughter of Black civil rights leader Malcolm X, has been found dead in her New York City home, authorities said.

The body of Shabazz, 56, was found in her Brooklyn home on Monday by her daughter, the New York Police Department said.

Authorities said her death does not appear to be suspicious.

Malcolm X's wife Betty Shabazz was pregnant with Malikah and her twin sister Malaak when the civil rights icon was gunned down at a speaking event in New York City in 1965.

Malikah Shabazz, second from left, is seen with her sisters and Betty Shabazz, the widow of civil rights icon Malcolm X, at Riverside Church in New York City on June 29, 1997.
 File Photo by Roger Celestin/UPI

"I'm deeply saddened by the death of [Malikah Shabazz]," Bernice King, the daughter of civil rights leader Martin Luther King Jr. tweeted on Tuesday. "My heart goes out to her family, the descendants of Dr. Betty Shabazz and Malcolm X."

Shabazz's death came just days after her father's assassination was in the news. Two men who'd been convicted in his killing were exonerated after a two-year re-investigation of the crime.

Betty Shabazz, who had six children with Malcolm X, died in 1997.

MANDATES SHOULD BE MANDATORY
Biden asks appeals court to reinstate workplace vaccine mandate


Protester Kathy Guerra holds a sign reading "No Mandate" as Boeing workers stand across the street from executive offices, objecting to the company rule of a December 8 vaccination mandate for employees in St. Louis on October 20.
 File Photo by Bill Greenblatt/UPI | License Photo

Nov. 23 (UPI) -- President Joe Biden on Tuesday asked a federal appeals court to revive his administration's workplace vaccine mandate, which was blocked earlier this month.

Biden announced in September that the administration was rolling out the rule requiring all private employers with 100 or more employees to mandate COVID-19 vaccines or weekly testing for the virus. Its formal rollout sparked immediate legal challenges from states, employers, labor unions and religious groups.

The U.S. Circuit Court of Appeals for the 5th Circuit temporarily halted the order, calling it "fatally flawed."

Since that ruling, the Occupational Safety and Health Administration has been unable to enforce the requirement.

The decision now rests with the Cincinnati-based U.S. Court of Appeals for the 6th Circuit, which the administration has asked to lift the current court order blocking the mandate. The government has argued not allowing and enforcing the directive would be a "setback to public health."

A Washington, D.C. judicial panel used a lottery to decide which of the nation's 12 regional federal appeals courts would hear arguments on the case. Litigation from numerous legal challenges to the mandate was also merged into a single lawsuit.

The administration has argued the mandate is critical to boosting nationwide vaccination rates.

In their filing, government lawyers argued that delaying the vaccine mandate "would endanger many thousands of people and would likely cost many lives per day. With the reopening of workplaces and the emergence of the highly transmissible Delta variant, the threat to workers is ongoing and overwhelming."
Senators ask Joe Biden to urge WTO to open up vaccine production


Sen. Bernie Sanders, I-Vt., was one of nine senators who signed a letter to President Joe Biden urging him to call on the World Trade Organization to waive international intellectual property to increase vaccine production. 
Photo by Sarah Silbiger/UPI | License Photo

Nov. 23 (UPI) -- Nine senators sent President Joe Biden a letter urging him to call for a waiver of international intellectual property rules for vaccines at the World Trade Organization ministerial conference.

The letter, signed by former presidential candidates Elizbeth Warren, D-Mass., and Bernie Sanders, I-Vt., said a "meaningful waiver" would lead to an increased production of coronavirus vaccines around the world, especially in developing countries.

"By securing a waiver agreement at the WTO Ministerial, your administration can demonstrate real and impactful American global leadership," the lawmakers said in the letter, according to The Hill newspaper.

"If the Ministerial Conference cannot deliver a solution, the WTO -- and the wealthy nations blocking the waiver -- will continue to lose credibility with the developing world. We urge you to seize this opportunity to engage actively and productively at the WTO [to] deliver on your promise to defeat the pandemic."


Sen. Tammy Baldwin, D-Wis., was one of nine senators who signed a letter to President Joe Biden urging him to call on the World Trade Organization to waive international intellectual property to increase vaccine production. 
File Photo by Bonnie Cash/UPI | License Photo

Other Democratic senators signing the letter included Tammy Baldwin of Wisconsin, Sherrod Brown of Ohio, Ed Markey of Massachusetts, Chris Murphy and Richard Blumenthal of Connecticut and Ben Ray Lujan of New Mexico.


The letter makes a similar plea that Human Rights Watch and other international groups made this week, asking Biden to address intellectual property rules to enhance vaccine production.

"Your leadership in securing a meaningful WTO waiver and helping to end the COVID-19 pandemic and the misery it is causing all of humanity is a moral necessity," said the Human Rights Watch letter to Biden which was signed onto by Amnesty International, Doctors Without Borders and other organizations.

"It would help restore U.S. standing around the world and create a sense of relief among U.S. residents that their president was taking strong action to return normalcy to their lives."

CRIMINAL CAPITALI$M
Italy's antitrust authority fines Apple, Amazon $230 million



Apple's new iPhone 13 series are displayed in a store. Apple plans to appeal the Italian Competition Authority's decision to fine the company. File photo | License Photo


Nov. 23 (UPI) -- Italy's antitrust authority fined Apple and Amazon $230 million on Tuesday after finding that Amazon resold Apple and Apple-owned Beats kits and blocked other resellers.

The antitrust authority said that a restrictive agreement in 2018 between the two companies resulted in lower levels of discounts available to consumers buying Apple and Beats products on Amazon's Italian site.

The agreement effectively prohibited official and unofficial resellers of Apple and Beats products from using Amazon.

Amazon was hit with a $151 million fine while Apple has been ordered to pay $77.3 million by the Italian Competition Authority.

"The restrictions of the agreement have affected the level of discounts offered by third parties on Amazon.it, decreasing their size," the authority said, according to TechCrunch.

Competition authorities in Spain and Germany have launched similar proceedings. Spain opened an investigation against Apple and Amazon in the summer, and Germany has opened proceedings examining the market power of tech giants.

Amazon told TechCrunch that it would appeal the decision, stating that it strongly disagreed with the ICA. A statement given to TechCrunch said that Italian customers could benefit from finding the latest Apple and Beats products at better deals with faster shipping. Amazon has argued that the agreement helps consumers and that sellers have other platforms to conduct business both on and offline.

Apple will also appeal, citing the integrity of products provided to its customer.

"Non-genuine products deliver an inferior experience and can often be dangerous," Apple wrote to TechCrunch. "We respect the Italian Competition Authority but believe we have done nothing wrong and plan to appeal."